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Tort Liability for Belligerent Wrongs

Abraham, Haim (2019) 'Tort Liability for Belligerent Wrongs.' Oxford Journal of Legal Studies, 39 (4). 808 - 833. ISSN 0143-6503

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Abstract

Most legal systems deny civilians a right to compensation for losses they sustain during belligerent activities. Arguments for recognising such a right are usually divorced, to various degrees, from the moral and legal underpinnings of the notion of inflicting a wrongful loss under either international humanitarian law or domestic tort law. My aim in this article is to advance a novel account of states’ tortious liability for belligerent wrongdoing, drawing on both international humanitarian law and corrective justice approaches to domestic tort law. Structuring my account on both frameworks, I argue that some of the losses that states inflict during war are private law wrongs that establish a claim of compensation in tort. Only in cases where the in bello principles are observed can losses to person and property be justified and non-wrongful. Otherwise, they constitute wrongs, which those who inflict them have duties of corrective justice to repair.

Item Type: Article
Uncontrolled Keywords: tort liability, warfare, wrongs, international humanitarian law
Divisions: Faculty of Humanities > Law, School of
Depositing User: Elements
Date Deposited: 25 Mar 2020 14:37
Last Modified: 25 Mar 2020 15:15
URI: http://repository.essex.ac.uk/id/eprint/27153

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